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[Federal Register Volume 89, Number 241 (Monday, December 16, 2024)]
[Notices]
[Pages 101606-101607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29458]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[Document Identifiers: CMS-10538]

Agency Information Collection Activities: Proposed Collection; 
Comment Request

AGENCY: Centers for Medicare & Medicaid Services, Health and Human 
Services (HHS).

ACTION: Notice.

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SUMMARY: The Centers for Medicare & Medicaid Services (CMS) is 
announcing an opportunity for the public to comment on CMS' intention 
to collect information from the public. Under the Paperwork Reduction 
Act of 1995 (PRA), Federal agencies are required to publish notice in 
the Federal Register concerning each proposed collection of information 
(including each proposed extension or reinstatement of an existing 
collection of information) and to allow 60 days for public comment on 
the proposed action. Interested persons are invited to send comments 
regarding our burden estimates or any other aspect of this collection 
of information, including the necessity and utility of the proposed 
information collection for the proper performance of the agency's 
functions, the accuracy of the estimated burden, ways to enhance the 
quality, utility, and clarity of the information to be collected, and 
the use of automated collection techniques or other forms of 
information technology to minimize the information collection burden.

DATES: Comments must be received by February 14, 2025.

ADDRESSES: When commenting, please reference the document identifier or 
OMB control number. To be assured consideration, comments and 
recommendations must be submitted in any one of the following ways:
    1. Electronically. You may send your comments electronically to 
http://www.regulations.gov. Follow the instructions for ``Comment or 
Submission'' or ``More Search Options'' to find the information 
collection

[[Page 101607]]

document(s) that are accepting comments.
    2. By regular mail. You may mail written comments to the following 
address: CMS, Office of Strategic Operations and Regulatory Affairs, 
Division of Regulations Development. Attention: Document Identifier/OMB 
Control Number: __, Room C4-26-05, 7500 Security Boulevard, Baltimore, 
Maryland 21244-1850.
    To obtain copies of a supporting statement and any related forms 
for the proposed collection(s) summarized in this notice, please access 
the CMS PRA website by copying and pasting the following web address 
into your web browser: https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing.

FOR FURTHER INFORMATION CONTACT: William N. Parham at (410) 786-4669.

SUPPLEMENTARY INFORMATION:

Contents

    This notice sets out a summary of the use and burden associated 
with the following information collections. More detailed information 
can be found in each collection's supporting statement and associated 
materials (see ADDRESSES).

CMS-10538 Hospice Information for Medicare Part D Plans

    Under the PRA (44 U.S.C. 3501-3520), Federal agencies must obtain 
approval from the Office of Management and Budget (OMB) for each 
collection of information they conduct or sponsor. The term 
``collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR 
1320.3(c) and includes agency requests or requirements that members of 
the public submit reports, keep records, or provide information to a 
third party. Section 3506(c)(2)(A) of the PRA requires Federal agencies 
to publish a 60-day notice in the Federal Register concerning each 
proposed collection of information, including each proposed extension 
or reinstatement of an existing collection of information, before 
submitting the collection to OMB for approval. To comply with this 
requirement, CMS is publishing this notice.

Information Collections

    1. Type of Information Collection Request: Reinstatement without 
change of a previously approved collection; Title of Information 
Collection: Hospice Information for Medicare Part D Plans; Use: The 
Social Security Act in section 1861(dd) and Federal regulations in 42 
CFR 418.106 and 418.202(f) require hospice programs to provide 
individuals under hospice care with drugs and biologicals related to 
the palliation and management of the terminal illness as defined in the 
hospice plan of care. Medicare payment is made to the hospice for each 
day an eligible beneficiary is under the hospice's care, regardless of 
the amount of services provided on any given day. Because hospice care 
is a Medicare Part A benefit, drugs provided by the hospice and covered 
under the Medicare payment to the hospice program are not covered under 
Part D.
    The form would be completed by the prescriber or the beneficiary's 
hospice, or if the prescriber or hospice provides the information 
verbally to the Part D sponsor, the form would be completed by the 
sponsor. Information provided on the form would be used by the Part D 
sponsor to establish coverage of the drug under Medicare Part D. Per 
statute, drugs that are necessary for the palliation and management of 
the terminal illness and related conditions are not eligible for 
payment under Part D. The standard form provides a vehicle for the 
hospice provider, prescriber or sponsor to document that the drug 
prescribed is ``unrelated'' to the terminal illness and related 
conditions. It also gives a hospice organization the option to 
communicate a beneficiary's change in hospice status and/care plan to 
Part D sponsors. Form Number: CMS-10538 (OMB control number: 0938-
1296); Frequency: Yearly; Affected Public: Private Sector (business or 
other for-profits); Number of Respondents: 319; Number of Responses: 
57,027; Total Annual Hours: 2,329. (For policy questions regarding this 
collection, contact Chad Buskirk at (410) 786-1630 or 
[email protected].)

William N. Parham, III,
Director, Division of Information Collections and Regulatory Impacts, 
Office of Strategic Operations and Regulatory Affairs.
[FR Doc. 2024-29458 Filed 12-13-24; 8:45 am]
BILLING CODE 4120-01-P
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